The Special Power of Attorney in Family Law: Analysis of Order No. 17154 of 2024
Recently, the Court of Cassation issued order no. 17154 on June 21, 2024, which provides important clarifications on the validity of special powers of attorney granted by a parent for legal actions involving a minor child. This ruling is essential for understanding how powers of attorney can be interpreted in the context of legal representation and the best interests of the child.
The Context of the Ruling
In the case under consideration, the appellant, E. (M.), acted not only on his own behalf but also as the legal representative of the minor child. The Court examined whether the power of attorney, which exclusively referred to the parent, could be interpreted as valid also for the interest of the minor. This is a crucial aspect, as legal actions often involve minors, and their representation must be clearly defined.
The special power of attorney granted by the appellant, who acted on his own behalf as a parent and as the legal representative of the minor child, must be understood as granted not only in his own name but also in the name and interest of the child, provided this is evident from the heading and the content of the procedural act to which the power of attorney pertains, even though the minor is not mentioned in the power of attorney itself.
Fundamental Principles of the Ruling
The order establishes some fundamental principles:
- The power of attorney can be interpreted as valid for the minor if the heading and content of the procedural act are clear in this regard.
- It is essential that the power of attorney reflects the parent's intent to act also on behalf of the minor.
- The fact that the minor is not explicitly mentioned in the power of attorney does not automatically invalidate the act, as long as the interest of the minor can be inferred.
This interpretation aligns with the principle of safeguarding the best interests of the child, as enshrined in the UN Convention on the Rights of the Child and national regulations such as Article 315-bis of the Italian Civil Code.
Conclusions
In conclusion, order no. 17154 of 2024 represents an important step in defining legal representation in family matters. It clarifies that a power of attorney granted by a parent can also be considered valid for the minor child, provided that the intent is clear and evident from the content of the act. This decision not only strengthens the protection of minors' interests but also provides valuable guidance for legal professionals operating in this field.
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